Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State
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Tuesday, November 20, 2012

No legal obligation to initiate disciplinary charges against an individual

No legal obligation to initiate disciplinary charges against an individual

Decisions of the Commissioner of Education, Decision #16,427

A tenured high school teacher alleged that the high school superintendent
neglected her duty to ensure the integrity of the school system by failing to
initiate disciplinary charges against the principal of the high school at which
he was serving.

The teacher alleged that he reported the school’s principal for alleged violations including failure to identify at-risk students as
required by Title I of the federal Elementary and Secondary Education Act (20
USC §6301, etseq.) and scoring irregularities on New York State
Regents mathematics examinations.

Following his reporting these alleged violations, the teacher
claimed that the principal retaliated against him by [1] placing several
disciplinary letters in his personnel file, [2] his being ordered to undergo
medical examination and [3] his removal from the school to a “temporary assignment
center.”*

The teacher asked the Commissioner to remove the high school
superintendent and the Chancellor of the New York City Department of Education
from their respective positions because they failed to take disciplinary action
against the principal.

After considering a number of procedural issued, the
Commissioner said that the teacher’s application “must be dismissed on the
merits.”

The Commissioner explained that a member of the board of
education or a school officer may be removed from office pursuant to Education
Law §306 when it is proven to the satisfaction of the Commissioner that the
board member or school officer has engaged in a willful violation or neglect of
duty under the Education Law or has willfully disobeyed a decision, order, rule
or regulation of the Board of Regents or Commissioner of Education.

The teacher alleged that the high school superintendent “neglected
her duty to ensure the integrity of the school system by failing to initiate
disciplinary charges against [the principal].” However, said the Commissioner,
the teacher s failed to meet his burden of proof as he did not establish how
the superintendent’s failure to file an Education Law §3020-a charge against
the principal, at his request, constituted a willful violation or neglect of
duty under the Education Law, requiring her removal under Education Law §306
nor did the teacher show that the superintendent “was under a legal obligation
to initiate Education Law §3020-a charges against [the principal].”

The Commissioner ruled that “On the record before me, I find
that [the teacher] has failed to demonstrate that [the high school superintendent]
has willfully neglected her duties [and] failed to establish any basis for [the
superintendent’s] removal” and denied the teacher’s application.

Handbooks focusing on New York State and Municipal Public Personnel Law:

The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. A 1900+ page e-book. For more information click on http://booklocker.com/books/5215.html

The Layoff, Preferred List and Reinstatement Manual - a 435 page handbook reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://booklocker.com/books/7401.html

General Municipal Law§§ 207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.html

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Handbooks focusing on New York State and Municipal Public Personnel Law:

The Discipline Book, - A concise guide to disciplinary actions involving public employees in New York State set out in a 2100+ page e-book. For more information click on http://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - a 442-page volume focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a paperback print edition and in an electronic [e-book] edition. For more information click on http://booklocker.com/books/7401.html

The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.html